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U.S. v. COWLEY

No. 15-6067.

814 F.3d 691 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Shane COWLEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 29, 2016.

Attorney(s) appearing for the Case

ARGUED: James Yash Moore , The Law Office of James Y. Moore, Ludlow, Kentucky, for Appellant. Erik S. Goes , Office of the United States Attorney, Charleston, West Virginia, for Appellee. ON BRIEF: R. Booth Goodwin II , United States Attorney, Office of the United States Attorney, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge DILLON wrote the opinion, in which Chief Judge TRAXLER and Judge SHEDD joined.

Shane Cowley was convicted by a jury in August 2000 of various crimes stemming from the attempted robbery and murder of Jeff Stone. On June 6, 2014, almost five years outside the window to file a timely motion, Cowley filed a motion seeking post-conviction DNA testing pursuant to the Innocence Protection Act (IPA), 18 U.S...

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